With migrant numbers hitting historic levels, declaring the crisis an "invasion", could open up a number of potential legal avenues for states.
Both federal and state law enforcement agencies are sending reinforcements to the southern border as CBP border encounters nearly hit 240,000 in May.
They have pointed to language in Article I of the Constitution, which allows for States to "engage in War" when it has been "actually invaded, or in such imminent Danger as will not admit of delay" without the approval of Congress. They also note Article IV says the U.S. "shall protest each [state] against invasion."
Gov. Greg Abbott has touted his "Operation Lone Star" and its drug seizures and migrant apprehensions, saying the effort is needed to curb a sharp increase in illegal immigration, drug trafficking and human smuggling.
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